Road Safety Remuneration Tribunal

Last updated

Road Safety Remuneration Tribunal
Agency overview
Formed1 July 2012
Dissolved21 April 2016
Jurisdiction Commonwealth of Australia
Agency executive
  • J Acton (2012–2016), President

The Road Safety Remuneration Tribunal (RSRT) was an independent body established by the Gillard government in 2012 to oversee the road transport industry in Australia. [1] The jurisdiction of the RSRT is set out in the Road Safety Remuneration Act 2012. [2]

Contents

Background

The Tribunal was established to address the problem of a uniform pay rate for truck drivers, as the National Transport Commission had concluded in a 2008 report that there was a link between driver pay rates and safety outcomes. [3] The Transport Workers Union of Australia issued a "Safe Rates" campaign in response to this report. [4] The possibility of legislation or a regulatory body to address minimum pay rates for truck drivers was first raised in Parliament in 2010. [5]

Establishment

When the Tribunal was established in 2012, its aim was "promoting safety and fairness in the industry." [6] The Tribunal was tasked with inquiring into the road transport industry, allowing it to: [7]

Operation

Between 2012 and 2016 the Tribunal made two orders: Road Transport and Distribution and Long Distance Operations Road Safety Renumeration Order (2014) and Contractor Driver Minimum Payments Road Safety Renumeration Order 2016. [3]

In the lead-up to the 2013 Australian federal election, Tony Abbott promised to issue a review of the industrial tribunal. [8] The Government engaged a consulting firm to conduct the review, and in 2014 (before the issuing of the Tribunal's first order order), they concluded that the tribunal had achieved little, but there was a reduction in truck accidents and fatalities. [3]

The Road Safety Renumeration Order in 2014 set out that employers or hirers must provide drivers with a written contract before they start, pay drivers within 30 days of an invoice, prepare safe driving plans, provide workplace health and safety measures, and have a drug and alcohol policy. [9]

Another review of the Tribunal was conducted by a consulting firm in 2015 with a conclusion that if it was not abolished, it should be reformed to focus on assessing evidence that payment rates are linked to driver safety. [10]

The Contractor Driver Minimum Payments Order in 2016 set out an audit process for supply chain contracts, national minimum payments, and unpaid leave entitlements for contract drivers. [11] This order was controversial and it was not implemented before the Tribunal's abolition. [12] It was claimed that the Order disadvantaged owner-drivers. [13]

Abolition

In 2016 the continuing dispute between owner-truck drivers in the road transport industry accelerated calls for the tribunal to be abolished. [14] [15]

In the lead up to the 2016 election, the Coalition promised to abolish the Tribunal, but was able to pass the legislation before the election with support from crossbenchers. [16] The Tribunal was abolished on 21 April 2016. [17] [18]

Since its abolition, there have been calls for the Tribunal's reinstatement and the implementation of a consistent rate of pay for truck drivers. [19] The Transport Workers Union has continued its Safe Rates campaign. [20]

References

  1. Chung, Frank. "Push to abolish truck industry pay body". News.com.au. Retrieved 17 April 2016.
  2. "Road Safety Remuneration Act 2012". legislation.gov.au. Retrieved 17 April 2016.
  3. 1 2 3 Thornthwaite, Louise (15 April 2016). "Controversial history of Road Safety Tribunal shows minimum pay was doomed from the start". The Conversation. Retrieved 27 March 2025.
  4. "Hansard - House of Representatives on 23/11/2011". Parliament of Australia. 23 November 2011. Retrieved 27 March 2025.
  5. Deigthon-Smith, Rex (December 2016). "Assessing the impacts of the Road Safety Remuneration System in Australia - a RIA case study" (PDF). International Transport Forum. Retrieved 27 March 2025.
  6. "Road Safety Remuneration Bill 2012 Explanatory Memorandum". Parliament of Australia. Archived from the original on 23 May 2019. Retrieved 27 March 2025.
  7. "Road Safety Remuneration Bill 2012". Parliament of Australia. Retrieved 27 March 2025.
  8. "Turnbull government to abolish Road Safety Remuneration Tribunal if re-elected". Sydney Morning Herald. Retrieved 17 April 2016.
  9. "Road Transport and Distribution and Long Distance Operations Road Safety Renumeration Order 2014" (PDF). Fair Work Commission. 17 December 2013. Retrieved 27 March 2024.
  10. PricewaterhouseCoopers, (PWC) (31 January 2016). Review of the Road Safety Remuneration System 2016: final report (Report). Department of Employment (Australia).
  11. "Contractor Driver Minimum Payments Road Safety Renumeration Order 2016". Fair Work Ombudsman. 18 December 2015.
  12. Medhora, Shalailah (10 April 2016). "Turnbull makes election pledge to abolish body protecting truck driver pay rates". The Guardian. ISSN   0261-3077 . Retrieved 27 March 2025.
  13. "Senate on verge of killing off Road Safety Remuneration Tribunal". Australian Financial Review. 13 April 2016. Retrieved 27 March 2025.
  14. Donovan, Samantha. "Crossbenchers poised to join Coalition to axe Road Safety Remuneration Tribunal in Senate". ABC. Retrieved 17 April 2016.
  15. "NO ROAD SAFETY RENUMERATION TRIBUNAL" (PDF). Australian Trucking Association. Retrieved 27 March 2025.
  16. "Unions, Labor defend truckies' tribunal". SBS News. 10 April 2016. Retrieved 27 March 2025.
  17. "Road Safety Remuneration Repeal Act 2016". www.legislation.gov.au. 19 April 2016..
  18. "Road Safety Remuneration Tribunal Abolished". Australian Business Lawyers & Advisors. Retrieved 14 October 2016..
  19. "TWU calls for re-establishment of national Road Safety Remuneration Tribunal". ABC listen. 17 January 2018. Retrieved 27 March 2025.
  20. "Safe Rates". Transport Workers’ Union. Retrieved 27 March 2025.